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    Private Schools

    Reference ManualAugust 2003

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    Private Schools Reference Manual August 2003 i

    TABLE OF CONTENTS

    Foreword............................................................................................................................ 1

    Purpose of Private Schools............................................................................................... 2

    Definitions.......................................................................................................................... 2

    Types of Private Schools................................................................................................... 3

    Registered Private Schools ............................................................................................. 3Accredited Private Schools ............................................................................................. 4

    Early Childhood Services (ECS) Programs.................................................................... 6

    Home Education/Blended Programs............................................................................... 6

    Definitions for Home Education and Blended Programs ............................................... 7

    Students.............................................................................................................................. 7

    Access ............................................................................................................................. 7Attendance ...................................................................................................................... 7

    School Registration ........................................................................................................... 8

    Before Establishing a Private School.............................................................................. 8Religious Affiliation ....................................................................................................... 8Actions to be Taken in Establishing a Private School .................................................... 8Annual Operational Plan .............................................................................................. 10Continuing Registration................................................................................................ 10Change of Designation.................................................................................................. 10

    Recess or Closure.......................................................................................................... 10

    Governance...................................................................................................................... 11

    School Operations......................................................................................................... 11School Policies.............................................................................................................. 11Education Plan .............................................................................................................. 12Annual Education Results Report................................................................................. 12Financial Reporting....................................................................................................... 12Implementation Reviews .............................................................................................. 12

    Staff and Qualifications.................................................................................................. 13

    Teaching Staff............................................................................................................... 13Principal ........................................................................................................................ 13Teacher Certification .................................................................................................... 13Heritage Language Schools .......................................................................................... 13

    School Facilities............................................................................................................... 13

    Funding ......................................................................................................................... 13Safety ............................................................................................................................ 13Changes in Location ..................................................................................................... 13

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    Private Schools Reference Manual August 2003 ii

    School Operations ........................................................................................................... 14

    Curriculum.................................................................................................................... 14Recognizing Diversity and Promoting Respect ............................................................ 14Instructional Time......................................................................................................... 14Achievement Tests and Diploma Examinations ........................................................... 14

    Religious and Patriotic Instruction................................................................................ 14Change of Grade Level ................................................................................................. 14

    Student Records.............................................................................................................. 15

    Enrolment and Attendance Record ............................................................................... 15Academic Record (See Student Record Regulation 71/99) .......................................... 15

    Funding............................................................................................................................ 16

    Provincial Funding........................................................................................................ 16Fees ............................................................................................................................... 16Transportation............................................................................................................... 16

    Associations ..................................................................................................................... 17Alberta-BC Lutheran Conference ................................................................................. 17Association of Christian Schools International............................................................. 17Alberta Provincial Accelerated Christian Education Association ................................ 17Association of Independent Schools and Colleges in Alberta (AISCA) ...................... 17Christian Schools International, District 11.................................................................. 18Federation of Independent Schools in Canada.............................................................. 18Koinonia Christian Education Society.......................................................................... 18Seventh-Day Adventist Alberta Conference................................................................. 18

    Summary of Conditions for Classification of Alberta Private Schools...................... 19

    Summary of Conditions for Classification of Alberta Private Schools...................... 20

    Form................................................................................................................................. 21

    Annual Operational Plan............................................................................................... 21

    Appendices....................................................................................................................... 33

    School Act, Section 28 .................................................................................................. 34Private School Policy, 3.6.1.......................................................................................... 35Private School Regulation 190/2000 ............................................................................ 40Student Record Regulation, 71/99 ................................................................................ 47Key Dates for Forwarding Information to Alberta Learning........................................ 53Goals and Standards Applicable to the Provision of Basic Education in Alberta, 4.2.2....................................................................................................................................... 56Teaching Quality Standard Applicable to the Provision of Basic Education in Alberta,4.2.1............................................................................................................................... 59Education Programs and Services, Early Childhood Services Policy, 1.1.3 ................ 68Early Childhood Services Regulation, 31/2002............................................................ 72Guidelines to Section 8 of the School Act(Right of Access to Education).................. 75

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    Private Schools Reference Manual August 2003 1

    FOREWORD

    The Private Schools Reference Manual is an Alberta Learning publication for the use ofprivate school operators and for those intending to establish a private school. This

    all-inclusive document is intended to: Identify the requirements specified in the School ActandPrivate Schools Regulation.

    Identify provincial policies and regulations that are relevant to private schools.

    Communicate information useful in planning, organizing and operating a privateschool.

    Communicate information on requirements and steps to be taken in establishing,going into recess, or closing a private school.

    Alberta Learning provides consulting services to private school operators and staff. Youare invited to contact Alberta Learning about the information in this manual and/or othermatters:

    Zone Services Branches:

    9th Floor, 44 Capital Blvd.10044 108 StreetEdmonton, AlbertaT5J 5E6

    Fax: (780) 422-9682

    Zone 1: (780) 427-5394 Zone 5: (780) 415-9312Zone 2/3: (780) 427-9296 Zone 6: (780) 427-5377

    Zone 4: (780) 427-5381

    Governance and Program Delivery:

    8th Floor, 44 Capital Blvd.10044 108 StreetEdmonton, AlbertaT5J 5E6

    Phone: (780) 427-7235Fax: (780) 427-5930

    Calgary Office of Basic Learning:Room 2620, Monenco Place801 6 Avenue S.W.Calgary, AlbertaT2P 3W2

    Fax: (403) 297-3842

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    Private Schools Reference Manual August 2003 2

    PURPOSE OF PRIVATE SCHOOLS

    To provide a private school choice for parents who seek educational programs outside thepublic education system.

    DEFINITIONS

    private school is a school registered under section 28 of the School Actthat offers any orall programs from grades 1 to 12

    accredited private school is a private school that is accredited by the Minister undersection 28(2) of the School Act

    funded private school is an accredited private school that is eligible to receive fundingunder theLearning Grants Regulation

    designated special education private school is a funded private school that serves onlystudents with special needs and meets the following criteria:(1) the school is approved by the Minister,(2) the school is approved as a designated special education private school by the

    Director of Special Programs of Alberta Learning, following the schools approvalas an accredited private school,

    (3) all students who are enrolled in the school are diagnosed as having mild, moderateor severe disabilities, and

    (4) all students are required to have Individual Program Plans (IPP) that address theirspecial needs

    heritage language school is a private school that specializes in heritage language andcultural programming

    parent advisory council is a group of parents of students enrolled in a funded privateschool, that provides advice to the principal and the board respecting any matter relatingto the school

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    Private Schools Reference Manual August 2003 3

    TYPES OF PRIVATE SCHOOLS

    This section applies to operators offering grades 1 to 12 programs. Private schools mayalso offer Early Childhood Services (ECS) programs. For ECS programs, please see the

    ECS section of this manual.

    Registered Private Schools

    All private schools in Alberta must register and meet the basic requirements ofsection 28(1) of the School Act.

    Those who do not go beyond the basic registration stage are referred to as registeredschools. Registered schools are not eligible for Alberta Learning funding. Instructors arenot required to have Alberta Teaching Certificates.

    The School Act, section 28(1) requires registered private schools to:

    Provide a program of studies meeting goals and standards approved by the Minister(provide a basic education).

    Meet standards of student achievement and achievement testing acceptable to theMinister.

    Agree to regular evaluation and monitoring by the Minister.

    Meet all local and provincial health, safety (fire) and building standards (zoning andbuilding code).

    ThePrivate Schools Regulation 190/2000 requires registered private schools to:

    Submit anAnnual Operational Plan for each year the school continues to operate.

    Keep records of student enrolment and attendance.

    Maintain individual student records (See Records section of this manual). Make rules (policies) on discipline, suspension and expulsion of students that

    incorporate the principles of fundamental justice, and provide copies of those rules toparents.

    Inform parents, in writing through aNon-Accredited School Notice, of the following:o Students attending the school may not necessarily be placed at the same grade

    level if the student registers in another school.o The school cannot grant credit for senior high school courses taken at that school.o The general liability insurance coverage held by the operator in the event of an

    accident or death.o Qualifications of instructionalstaff.

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    Private Schools Reference Manual August 2003 4

    Accredited Private Schools

    Some schools seek additional recognition by going beyond basic registrationrequirements to receive accredited status. Accredited private schools must comply withthe same requirements as registered private schools (with the exception of theNon-Accredited School Notice) prior to requesting accredited status.

    In addition to section 28(1) of the School Act, accredited schools must meet therequirements of section 28(2) of the School Act:

    Follow an education program approved by the Minister.

    Enroll seven or more students from two or more families and continue to enroll sevenstudents.

    Employ teachers who hold valid Alberta Teaching Certificates.

    ThePrivate Schools Regulation 190/2000 requires accredited private schools to:

    Make rules for the discipline of students and for the suspension and expulsion ofstudents that incorporate the principles of fundamental justice.

    In addition accredited schools must develop policy for 1) Teacher Growth, Supervisionand Evaluation and for 2) Evaluation of student progress.

    Alberta Learning, through theFunding Manual for School Authorities, requires theoperator of an accredited private school who seeks Alberta Learning funding toincorporate as a society under the Societies Act, or to register a school as a non-profitcompany under Part 9 of the Companies Act, or to operate under a special act of thelegislature. Other organizations such as churches or private companies, alreadyincorporated or registered, may also operate some private schools.

    Accredited private schools are eligible for provincial funding after having providedinstruction to students for a minimum of one year, unless otherwise approved by the

    Minister (Funding Manual for School Authorities). The province believes that thisrequirement allows time for a private school to be up and running, attract parents andprovide a stable program for students. Further, it encourages private schools to start upwith a serious and deliberate plan in place for a school to be viable over the longer term.

    According to thePrivate Schools Regulation and/or theFunding Manual for SchoolAuthorities, accredited-funded private schools must:

    Be incorporated as a non-profit legal entity.

    Appoint a chairperson/president and a secretary treasurer (or a secretary and a

    treasurer). Appoint an auditor who has credentials to perform an audit.

    Keep in force a blanket fidelity bond covering the operator and the employees. Theamount of the bond shall be the lesser of $50,000 or 40% of the operators provincialfunding plus any surplus from the previous operational year.

    Keep in force a general liability insurance policy, in the minimum amount of$2,000,000 for each occurrence of injury or death.

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    Send an annualBudget Report Form to the School Reporting Branch.

    Send an annualAudited Financial Statementto the School Reporting Branch.

    Develop an annual Three-Year Education Plan.

    Forward anAnnual Education Results Report Summary Form to its respectiveZone Services Branch.

    Follow the same requirements for teaching the AlbertaPrograms of Study as publicschools.

    The current practice for both Three-Year Education Plans andAnnual Education ResultsReports is that these be kept on file in the school, with the school submitting only adeclaration of completion to Alberta Learning.

    Funded private schools must teach the AlbertaPrograms of Study, must be in accordancewith section 39(1) (a), (b), (c) and (d) of the School Act, and must:(1) Achieve the provincial learning outcomes.(2) Use the provincial achievement tests and diploma examinations.

    (3) Ensure the students meet the provincial graduation requirements.

    The operator of a funded private school shall establish a parent advisory council if theparents of students enrolled in the school are not the majority of members of the boardoperating the school.

    The following are special category accredited-funded private schools:(1) Heritage Language Schools - The Minister accredits these schools only for high

    school credit courses in heritage languages other than French or English and mayfund these schools. The Minister does not require these schools to developThree-Year Education Plans orAnnual Education Results Reports.

    (2) Designated Special Education Schools - The Minister accredits these schools andthe Director of the Special Programs Branch annually approves these schools forexclusive service to students who are entitled to special education programs.

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    EARLY CHILDHOOD SERVICES (ECS) PROGRAMS

    All private schools may offer ECS programs as part of their school operation. To qualifyas an approved ECS provider, the private school operator must be registered as a

    non-profit society, as a non-profit company under Part 9 of the Companies Act, or as anon-profit corporation incorporated by or under an Act of the Legislature.

    The Minister approves and provides funding for private school operators who wish tooffer an ECS program that complies with theKindergarten Program Statement. Fundingis available from the first year of operation; however, operators may not charge a tuitionfee for 475 hours of access to instruction. Operators may charge fees for hours ofinstruction beyond 475 hours and for items such as field trips and snacks. Fees theoperator charges for membership in the non-profit organization are to be reasonable.

    For further information refer to theAdvisory Manual on Early Childhood Services for

    Incorporated Non-Profit Societies and Private Schools.

    HOME EDUCATION/BLENDED PROGRAMS

    Private schools may offer alternative education including home education, blended andon-line school programs. However, only funded accredited schools can receiveprovincial funding for alternative programs. Parents who choose to educate their childrenat home assume primary responsibility for delivering and supervising their childscourses of study and work as partners with a school board or accredited funded private

    school to ensure the childs educational goals are being met.

    A blended program is an educational program that consists of two distinct parts: anin-school or on-line program where a teacher employed by a school board or accreditedprivate school is responsible for providing for the delivery and evaluation of courses anda home education program that meets the requirements of theHome EducationRegulation A.R. 126/99.

    Individuals the operator employs as teachers, responsible for the on-line component ofthe blended program and for the home education program must have valid AlbertaTeaching Certificates and must plan, deliver, assess student achievement and report

    results. Home education teachers are to be listed on theAnnual Operational Plan. Theprincipal is responsible for supervision and evaluation of home education teachers.

    Home education student records are to be kept onsite of the school authority. The recordsare to include the same information required for regular students, with one exception, arecord of student attendance is not required.

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    The Home Education Information Package on the Alberta Learning Website atwww.learning.gov.ab.ca/educationsystem/HomeEdPackage_sept_2002.pdfprovidessome questions and answers relating to home education and includes the regulation andpolicy.

    Definitions for Home Education and Blended ProgramsHome Education an approach to educating a student at home or elsewhere where theparent is responsible for making the key education decisions throughout the program. Itis a program of choice requiring supervision of the program, for which the parent isresponsible, by a school board or an accredited private school.

    Blended Programs An educational program that consists of two distinct parts:o An in-school or on-line program where a certificated teacher employed by a school

    board or accredited private school is responsible for planning and providing thedelivery and evaluation of courses; and

    o A home education program, under the parents responsibility, that meets the

    requirements of theHome Education Regulation.Instruction by a parent plus instruction planned, delivered and evaluated by a certificatedteacher equals a blended program.

    STUDENTS

    Access

    There is no legal requirement for a private school to accept all students. A private schoolmay accept or deny access to any student. The Minister does not review a decision to

    deny access to a private school.

    Attendance

    Students ages 6 to 16 shall attend school. If a student does not attend school regularly,the private school operator shall refer the matter to the Attendance Board, after makingall reasonable efforts to ensure that the student attends school.

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    Private Schools Reference Manual August 2003 8

    SCHOOL REGISTRATION

    Before Establishing a Private School

    Any person or group wishing to establish a private school should consider the following

    questions:(1) Is there a need for a private school?(2) How will the program be different to meet the perceived need?(3) What programs of study will be used?(4) What grade levels will be accommodated?(5) Will the school offer an approved Early Childhood Services (ECS) program?(6) Is there a sufficient number of interested people committed to operating a school?(7) Is there access to an appropriate building that will meet zoning, health and fire

    standards?(8) What would be the source of funds?(9) Will the school operate as a registered private school or an accredited private

    school?(10) Can appropriate instructional services be provided?(11) What authority will operate the school?(12) Have you approached the local school board(s) or other private schools in the area

    about the concept of your proposed school?

    Religious Affiliation

    A private school may be affiliated with a religious faith or denomination.

    Actions to be Taken in Establishing a Private School

    The person or group notifies Governance and Program Delivery of Alberta Learning of

    the intent to establish a private school. Information and appropriate registration formswill be provided.

    The applicant will use information contained in this reference manual when completingforms or making decisions related to the proposed private schools.

    The applicant will submit to Governance and Program Delivery, a completed operationalplan containing information required by the School Actand private school policy andregulations, with copies of the following documentation:(1) Evidence verifying that any building plans or proposed renovations have been

    approved by local municipality.

    (2) Evidence of approval from the local municipality that the building qualifies for useas a school.

    (3) If the applicant is a society or a company, then the Certificate of Incorporation for aSociety, Certificate of Incorporation for a Company, or the name of the Act of theLegislature under which the school plans to operate.

    (4) Evidence that the appropriate local authorities for fire and health have inspected andapproved the proposed facilities for use as a school.

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    (5) Indication of the intent to follow the Alberta Programs of Study (includingmodifications) or another program of studies approved by the Minister.

    Schools wishing to follow a program other than one prescribed or approved by theMinister must append to the application a detailed description of the program to be used

    including:(1) The core and complementary course offerings.(2) A statement of philosophy, goals, objectives, content, scope and sequence for each

    course.(3) A list of major instructional resources approved by the governing body of the

    school.(4) An indication as to how the program meets the definition of Basic Education in

    Alberta, Student Learning Outcomes and the Standards for Student Learning (SeeGuide to Education: ECS to Grade 12 atwww.learning.gov.ab.ca/educationguide/guide.asp).

    As part of the approval process, an education manager does an onsite visit to the school.

    Governance and Program Delivery will inform the school of its decision regarding theacceptability of the program. If the program is not acceptable, the basis for the decisionwill be explained and the school may:(1) Re-submit the program incorporating modifications suggested by the education

    manager reviewing the application, or(2) Appeal the decision within 14 days to the Assistant Deputy Minister, Basic

    Learning Division at (780) 427-7484 (To be connected toll free from withinAlberta, please dial 310-0000).

    Schools seeking designation as an accredited private school need to show acceptablestandards for certification for their teaching staff before designation is granted. Whenhiring new teachers, particularly those not trained in Alberta, the school must:(1) Before entering into any teacher/school contract, obtain information from the

    Director, Teacher Development and Certification, (12th Floor, Harley Court,10045 111 Street, Edmonton, Alberta, T5K 2M5; (780) 427-2045) as to teachereligibility for certification in Alberta.

    (2) Have the teacher provide, as required by Teacher Development and Certification, anapplication and citizenship form, the application fee, official transcripts from allpost secondary institutions attended and a Statement of Professional Standingfromthe jurisdiction where the teacher was initially trained and from the province, stateor country where the teacher last taught.

    If building, safety, health, program, staff and other requirements are met, Governance andProgram Delivery recommends approval to the Minister of Learning.

    Upon receipt of approval of registration, Governance and Program Delivery confirms inwriting with the registrant:(1) The effective date of the designation.

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    Private Schools Reference Manual August 2003 10

    (2) If the school is accredited in addition to being registered.(3) The grades or levels of operation.(4) The assigned jurisdiction and school codes.

    Annual Operational Plan

    In order to have continuing registration as a private school for the following school year,

    each private school is required to send anAnnual Operational Plan to Zone Services byMay 31.

    Any changes made during the school year to the information in theAnnual OperationalPlan must be sent forthwith to Zones Services.

    Upon approval of theAnnual Operational Plan, Zone Services shall inform and confirmwith the operator:(1) The effective date of approval.(2) The grades or levels operating within the school.

    Continuing Registration

    Private school status continues provided regular monitoring indicates the school iscontinuing to meet the requirements of the School ActandPrivate Schools Regulation.Funding, where applicable, will continue from year to year in accordance with paymentschedules unless approval is withdrawn, or some requirement is not fulfilled.

    When a private school does not fulfill the requirements of the School Actand all relevantregulations, or when a program offering is judged to be inconsistent with the criteria thatgovern approval, Zone Services will notify the responsible officers of the private school,and will make a recommendation to the Assistant Deputy Minister, Basic LearningDivision, of an appropriate course of action. The Assistant Deputy Minister mayrecommend to the Minister suspension or cancellation of designation in whole or in part.

    Change of Designation

    A registered private school can become an accredited private school through writtenapplication to Zone Services. Entitlement is dependent on all requirements insection 28(2) of the School Actbeing met.

    Recess or Closure

    A private school that wishes to temporarily suspend operations to a maximum of one yearshall inform Zone Services in writing. Registration may resume provided conditionspertinent to the initial registration are in effect.

    To confirm a private school is closed, Zone Services sends a registered letter to theprivate school, asking the operator to provide written notice of the schools status. If areply is not received from the operator within 30 days, the school shall be consideredclosed.

    If a private school is closing, forward student records to the schools into which studentsare transferring. Where a school destination cannot be determined by the private schoolforward student records to Zone Services.

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    Private Schools Reference Manual August 2003 11

    GOVERNANCE

    School Operations

    The board of directors or operator has the authority for day-to-day operations of the

    school. For private schools, there is no requirement for a public election of the board ofdirectors. There is no requirement for conflict of interest bylaws, no limits on familial orbusiness relationships.

    The operator is accountable for the school meeting requirements of provincial legislation,regulation and policies. The operator is accountable to the parents they serve and theMinister. TheFreedom of Information and Protection of PrivacyActdoes not apply.

    Private schools are not required to have school councils or use the services of a schoolsuperintendent. However, funded accredited private schools shall establish a parentadvisory council, if the parents of students enrolled in the school are not the majority of

    members of the board of directors operating the school.

    Funded accredited private schools are required to develop a Three-Year Education Planand illustrate results achieved in anAnnual Education Results Report. In addition,funded accredited private schools send budget reports, financial statements andsupporting documentation as required for funding initiatives, including special needs andearly literacy.

    School Policies

    The operator of an accredited-funded private school shall develop and maintain policiesregarding the evaluation of students and teachers that are consistent with the policies of

    the Minister (Private Schools Regulation 190/2000, section 7.)

    The operator of a private school shall make rules for the discipline of students and for thesuspension and expulsion of students that incorporate the principles of fundamentaljustice (Private Schools Regulation 190/2000, section 21). The policies are to include theprocedures the private school authority will follow in hearing a parent and/or studentappeal.

    If a student is expelled from an accredited-funded private school, the private schoolauthority continues to be responsible for providing the student with an appropriate schoolprogram for the remainder of the school year (Private Schools Regulation 190/2000,

    section 19). The private school authority can consider the following alternatives:1. Provide the student with a distance learning program.2. Request a public board or private school to enroll the student.3. Request the parents to enroll their child in home education. A student cannot be

    required to enroll in home education unless the parents agree. The parents mustnotify the private school in writing of their intent to enroll their child in homeeducation.

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    Education Plan

    Accredited-funded private schools are required to develop/update annually a Three-YearEducation Plan for their school and community. Schools must submit a Three-YearEducation Plan Declaration Form to Zone Services attesting that their school authority isfocused on improving education for students and have developed and are implementing a

    Three-Year Education Plan. The required goals, outcomes, strategies and performancemeasures are outlined in the Guide for Developing Private School Authority Three-YearEducation Plans and Annual Education Results Reports.

    Annual Education Results Report

    Each accredited-funded private school shall develop anAnnual Education Results Reportand send a report summary to Zone Services by November 30 each year. Required andoptional report elements are outlined in the Guide for Developing Private SchoolAuthority Three-Year Education Plans and Annual Education Results Reports.

    Financial Reporting

    Accredited-funded private schools must appoint a secretary, treasurer orsecretary-treasurer and an auditor and must submit annually aBudget Report Form andanAudited Financial Statement. Funded private schools are not subject to provinciallimits and controls for spending on administration.

    Implementation Reviews

    Governance and Program Delivery coordinates private school reviews. AnnualOperational Plans, Three-Year Education Plans andAnnual Education Results Reportssummaries are reviewed on a regular basis.

    Zone Services reviews approximately one-third of the accredited-funded private schoolson site annually. The basis for the reviews will be the most currentAnnual OperationalPlan, Three-Year Education Plan andAnnual Education Results Report. Persons areinterviewed and documents are reviewed to examine selected aspects of schoolorganization, school safety and instruction outlined in the On-Site Review data collectiondocument. A report is forwarded to the private school principal by the Zone Servicesmonitor at the completion of the monitoring activity.

    Zone Services managers will also visit all new schools in their first year of operation.

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    STAFF AND QUALIFICATIONS

    Teaching Staff

    All teachers in accredited private schools must have valid Alberta Teaching Certificates.The teachers are not eligible for full membership in the Alberta Teachers Association.

    They may be associate members.

    A private school board member may make a decision about an immediate familymember, unless the private school chooses to place conflict of interest clauses inauthority bylaws.

    The Director of Teacher Development and Certification may investigate complaints intoteacher competence. The Minister of Learning may revoke teaching certificates.

    Principal

    All funded accredited private schools must designate a principal who has a valid Alberta

    Teaching Certificate.

    Teacher Certification

    A teacher in a private school requiring a recommendation for permanent teachercertification may apply to the Association of Independent Schools and Colleges inAlberta (AISCA). The AISCA approved signing officer may conduct teacher evaluationsand forward recommendations to the Director of Teacher Development and Certification.

    Heritage Language Schools

    Accredited Heritage Language Schools may employ an uncertificated competentinstructor to teach a language or culture under the supervision of an Alberta certificatedteacher.

    SCHOOL FACILITIES

    Funding

    Each private school authority is responsible for building or leasing appropriate schoolfacilities. The province does not provide school facilities funding to private schools.

    Safety

    In locating a school site, all private schools are required to provide proof of alignment

    with municipal zoning and by-laws and all applicable municipal and provincial publichealth, safety and building standards requirements (Private Schools Regulation190/2000). These documents are to be kept on file at the school. If renovations are madeto the school building, then new inspection documents are required.

    Health and fire reports should be updated periodically, once every three years.

    Changes in Location

    A private school adding a new site, making changes to its existing site or to its locationshall immediately notify Zone Services.

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    SCHOOL OPERATIONS

    Curriculum

    To be eligible for provincial funding, all accredited private schools must follow Alberta

    Programs of Study.

    Accredited-funded private schools are expected to provide special educationprogramming for students who need such programs in conjunction with regular programs.

    Recognizing Diversity and Promoting Respect

    All education programs offered and instructional materials used in schools must reflectthe diverse nature and heritage of society in Alberta, promote understanding and respectfor others and honour and respect the common values and beliefs of Albertans.

    Education programs and instructional materials must not promote or foster doctrines of

    racial or ethnic superiority or persecution, religious intolerance or persecution, socialchange through violent action or disobedience of laws.

    Instructional Time

    Accredited private schools must offer students at least the minimum number of hours ofaccess to instruction to the Alberta curriculum, that is, 950 hours for grades 2 through 9students and 1000 hours for grades 10 through 12 students. The Guide to Educationincludes more information about instructional hours.

    Achievement Tests and Diploma Examinations

    Accredited private schools are required, and registered private schools are encouraged, to

    have their students write the provincial achievement tests in grades 3, 6 and 9. In order toqualify for credits in grade 12 diploma examination subjects, students are required towrite provincial examinations.

    Religious and Patriotic Instruction

    Private schools may provide religious and patriotic instruction. Parent requests toexclude children from religious or patriotic instruction may or may not be granted by theprivate school authority.

    Change of Grade Level

    Operators of private schools wanting to change the grade level division (elementary,

    junior high, senior high) approved in the school, need to make a written request forchange to Zone Services.

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    STUDENT RECORDS

    Enrolment and Attendance Record

    In accordance with thePrivate Schools Regulation 190/2000, private schools shall keep

    records of student enrolment and attendance in a form acceptable to the Minister.

    A record of daily attendance for each student is to be kept in a classroom register and/oron computer.

    Copies of theDaily Register for Recording the Enrolment and Attendance of Students areavailable for purchase from the Learning Resources Centre of Alberta Learning.

    Academic Record (See Student Record Regulation 71/99)There is to be a written student file kept for each student in all private schools. Therecord for each student in both registered and accredited private schools is to include the

    following information: Students name.

    Student identification number.

    Name of the students parents.

    Separation agreement or court order.

    Students birth date.

    Students gender.

    Addresses and telephone numbers of the student and of the students parent.

    Resident board.

    Citizenship of the student.

    A student record in an accredited private school shall include the following additionalinformation:

    Names of all schools attended by the student in Alberta and the dates of enrolment.

    Annual summary of students achievement.

    Students results obtained on provincially administered tests and on standardized testsused in the placement of the student.

    Any health information that the parent or student wishes to have on the record.

    A record of the students attendance.

    Individualized Program Plan specifically devised for a student.

    Information about any suspension or expulsion.

    Any other information the operator considers appropriate.

    A student record is NOT to include:

    Any information contained ino Notes and observation prepared by and for the exclusive use of a teacher,

    teachers assistant, counselor or principal, and that are not used in programplacement decisions.

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    o A report or an investigation record relating to the student under the ChildWelfare Act.

    o Counseling records relating to the student that is or may be personal, sensitiveor embarrassing to the student.

    Any information that identifies a student as a young person as defined in the

    Young Offenders Actand all information relating to the student in that capacity.

    Alberta Learning recommends that thePupils Cumulative Record (Grade 1 throughGrade 12) be used for student records. This record folder contains all of the aboveinformation categories. Cumulative record folders are available for purchase from theLearning Resources Centre.

    A private school shall keep a student record containing the above information for at leastseven years after the student ceases attending the private school or until the record hasbeen forwarded to another school. Student records are to be retained by the schoolauthority and not forwarded to Alberta Learning.

    FUNDING

    Provincial Funding

    Registered private schools are not eligible for provincial funding.

    An accredited private school is eligible for provincial funding after one year of successfuloperation as an accredited private school. Funding conditions, requirements and rates areoutlined in theFunding Manual for School Authorities.

    Funded private schools are not eligible for:(1) Support funding to cover costs of transportation, administration or plant operations

    and maintenance of schools [except for ECS and designated special educationprivate schools].

    (2) Capital funding to build new schools or renovate existing ones.(3) Any funding from the Alberta School Foundation Fund.

    Fees

    A private school may charge tuition and/or other fees to any student.

    TransportationPrivate schools may charge a student transportation fee. A private school is not requiredto provide student transportation. Private schools may negotiate student transportationarrangements with public school boards.

    Private schools do not receive transportation funding from the province.

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    ASSOCIATIONS

    Alberta-BC Lutheran Conference

    7100 Ada Boulevard

    Edmonton, Alberta T5B 4E4

    Phone: (780) 474-0063Fax: (780) 477-9829E-mail: [email protected]

    Provides support for establishing and maintenance of Lutheran Christian Schools.

    Association of Christian Schools International

    Box 988Three Hills, Alberta T0M 2A0

    Phone: (403) 443-7337Fax: (403) 443-5378E-mail: [email protected]

    Provides support for authorities with workshops and conventions as well as teachersconventions.

    Alberta Provincial Accelerated Christian Education Association

    Box 100Caroline, Alberta T0M 0K0

    Phone: (403) 722-2225Fax: (403) 722-2870E-mail: [email protected]

    Supports schools using the Schools of Tomorrow or ACE program.

    Association of Independent Schools and Colleges in Alberta (AISCA)

    9125 50 StreetEdmonton, Alberta T6B 2H3

    Phone: (780) 469-9868Fax: (780) 469-9880

    E-mail: [email protected]

    AISCA facilitates communication and co-operation between the schools and thegovernment and its departments. The association helps create and maintain the social andpolitical climate in which parents can carry out their educational responsibilities with theassurance that their initiatives are compatible with the legitimate concerns of theircommunities and Alberta society.

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    Christian Schools International, District 11

    9125 50 StreetEdmonton, Alberta T6B 2H3

    Phone: (780) 469-9653

    Fax: (780) 469-9880E-mail: [email protected]

    Co-ordination of curriculum and support for private school authorities.

    Federation of Independent Schools in Canada

    11013 38 StreetEdmonton, Alberta T5W 2E7

    Phone: (780) 479-4959Fax: (780) 479-1286

    E-mail: [email protected]

    Addresses national issues relating to independent schools.

    Koinonia Christian Education Society

    Box 1405Didsbury, Alberta T0M 0W0

    Phone: (403) 335-9587Fax: (403) 335-9513E-mail: [email protected]

    Provides support for smaller Christian Schools.

    Seventh-day Adventist Alberta Conference

    37541 Highway 2Red Deer County, Alberta T4E 1B1

    Phone: (403) 342-5044Fax: (403) 353-1523E-mail: [email protected]

    Provides support for maintenance of Seventh-day Adventist schools.

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    Summary of Conditions for Classification of

    Alberta Private Schools

    Registered

    Accredited

    Accredited-

    Funded

    BASIC REQUIREMENTS The school provides a program that meets the requirements of the

    goals and standards applicable to the provision of basic educationin Alberta.

    X X X

    The school meets standards of student achievement andachievement testing acceptable to the Minister.

    X X X

    The operator agrees to regular evaluation and monitoring by theMinister.

    X X X

    The school facilities comply with all applicable provincial andlocal health, safety, and building standards.

    X X X

    The operator maintains records of student enrollment in a manner

    acceptable to the Minister.

    X X X

    The operator provides parents and students with rules for thediscipline of students and for the suspension and expulsion ofstudents that incorporate the principles of fundamental justice.

    X X X

    The operator provides the Minister with anAnnual OperationPlan.

    X X X

    SPECIFIC REQUIREMENTS

    The operator provides parents with written notice:o That students attending the school might not be placed in the

    same grade level if they transfer to another school.o That the school cannot grant credit for senior high courses.o Of the qualifications of the instructional staff.o Of the operators general liability insurance coverage.

    X

    The school offers students an education program that the Ministerapproves.

    X X

    Seven or more students from two or more families enroll andcontinue to be enrolled in the school.

    X X

    All teachers hold valid Alberta Teaching Certificates. X X

    During a school year the school offers students in grades 2through 9 access to a minimum of 950 hours of instruction and/oroffers students in grades 10 through 12 access to a minimum of

    1000 hours of instruction.

    X X

    A non-profit society or company operates the school. X

    The school follows the same requirements for teaching theAlbertaPrograms of Study as public schools.

    X

    The school has operated as an accredited school for a minimumof one year.

    X

    School principal holds valid Alberta Teaching Certificate X

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    Summary of Conditions for Classification of

    Alberta Private Schools

    Registered

    Accredited

    Accredited-

    Funded

    The operator is responsible for ensuring students it expelscontinue to have access to an education program.

    X

    The operator has a blanket fidelity bond with respect to theoperator and to the schools employees. The amount of the bondshall be the lesser of $50,000 or 40% of the operators provincialfunding.

    X

    The operator has a general liability insurance policy in theminimum amount of $2,000,000 for each occurrence of injury ordeath.

    X X

    The operator annually prepares and makes available a Three-YearEducation Plan and anAnnual Education Results Report.

    X

    The operator annually prepares for the Minister aBudget ReportandAudited Financial Statements.

    X

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    F O R M

    Annual Operational Plan

    For a current form please contact your respective Zone Services.

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    A P P E N D I C E S

    (A) School Act, section 28

    (B) Private School Policy, 3.6.1

    (C) Private Schools Regulation, 190/2000

    (D) Student Record Regulation

    (E) Key Dates for Sharing Information with Alberta Learning

    (F) Goals and Standards Applicable to the Provision of Basic Education in Alberta

    (G) Teaching Quality Standard Applicable to the Provision of Basic Education inAlberta

    (H) Early Childhood Services Policy

    (I) Early Childhood Services Regulation

    (J) Guidelines to Section 8 of the School Act(Right of Access to Education)

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    Appendix A

    School Act, section 28

    Division 2Other Schools

    Private schools28(1) A school is entitled to be registered as a private school if the operator applies to the Minister and theMinister is satisfied that

    (a) the school will provide a program of studies that complies with any orders made under section39(1)(f),

    (b) the school will meet the standards of student achievement and achievement testing acceptable to theMinister,

    (c) the operator agrees to regular evaluation and monitoring by the Minister, and

    (d) the building that is used for school purposes meets and will continue to meet all applicable localand provincial health, safety and building standards.

    (2) A private school is entitled to be accredited as an accredited private school if

    (a) the Minister approves the education program and any modification of it offered at the school, and

    (b) the Minister is satisfied that

    (i) the operator of the private school continues to meet the requirements under subsection (1),

    (ii) 7 or more students from 2 or more families are enrolled and continue to be enrolled in theschool, and

    (iii) individuals whose qualifications are approved by the Minister are employed to teach at theschool.

    (3) The Minister may cancel or suspend the registration or accreditation of a private school

    (a) if the operator of the school does not comply, in the case of a private school, with subsection (1)and, in the case of an accredited private school, with subsections (1) and (2),

    (b) if in the opinion of the Minister, the students at the school are not achieving acceptable educationalprogress, or

    (c) if the operator of the school permits education programs or instructional materials that do notcomply with section 3 to be offered or used in the school.

    (4) No person shall operate a school as a private school unless it is registered under subsection (1).

    (5) If a person operates as a private school a school that is not registered under subsection (1) or in respect

    of which the registration has been cancelled or suspended, the Minister may by originating notice apply tothe Court of Queens Bench for an order restraining that person from operating the school during the timethat

    (a) the school is not registered, or

    (b) the registration of the school is cancelled or suspended, as the case may be.

    (6) The Minister may make regulations respecting private schools.1988 cS-3.1 s22;1995 c27 s4;1997 c25 s4;1999 c28 s5

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    Appendix B

    Private School Policy, 3.6.1Updated January 2003

    Information BulletinPrivate Schools

    BACKGROUND

    The Government of Alberta recognizes thatparents have a choice as to how and whereeducation is provided to their children.However, the province has a compellinginterest to ensure that all Alberta students

    have the opportunity to meet the standardsof education set by the Minister.The province has established two levels forprivate schools, accredited private schoolsand registered private schools. Therequirements for each of these are givenbelow (section 28 of the Act) and in thePrivate Schools Regulation.

    Alberta Learning provides funding forstudents who meet eligibility criteria inapproved private school programs,according to the terms and conditionsdescribed in the Funding Manual for School

    Authorities

    POLICY

    Alberta Learning recognizes that parentshave the right to choose a private school fortheir children. The province has acompelling interest in the education of allchildren and has a responsibility to assessthat the knowledge, skills and attitudesbeing taught are sufficient and theachievement of the students meetsstandards acceptable to the Minister.

    STATUTE

    School Act

    Preamble

    WHEREAS parents have a right and aresponsibility to make decisions respectingthe education of their children;

    Interpretation

    1 (1) (y) school" means a structuredlearning environment throughwhich an education program isoffered to a student by

    (i) a board,

    (ii) an operator of a privateschool,

    Attendance at school

    15 (2) Where a student who is required toattend a school under section 13

    (a) is enrolled in a private school,and

    (b) does not regularly attend thatprivate school,

    and the person responsible for the

    operation of that private school hasmade all reasonable efforts toensure that the student attendsschool, the person responsible forthe operation of that private schoolshall refer the matter to the

    Attendance Board.

    Private schools

    28 (1) A school is entitled to be registeredas a private school if the operatorapplies to the Minister and theMinister is satisfied that

    (a) the school will provide aprogram of studies thatcomplies with any orders madeunder section 39(1)(f),

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    (b) the school will meet thestandards of studentachievement and achievementtesting acceptable to theMinister,

    (c) the operator agrees to regular

    evaluation and monitoring bythe Minister, and

    (d) the school meets and willcontinue to meet all local andprovincial health, safety andbuilding standards.

    (2) A private school is entitled to beaccredited as an accredited privateschool if

    (a) the Minister approves theeducation program and anymodification of it offered at the

    school, and

    (b) the Minister is satisfied that

    (i) the operator of theprivate school continuesto meet the requirementsunder subsection (1),

    (ii) 7 or more students from2 or more families areenrolled and continue tobe enrolled in the school,and

    (iii) individuals whosequalifications areapproved by the Ministerare employed to teach atthe school.

    (3) The Minister may cancel or suspendthe registration or accreditation of aprivate school

    (a) if the operator of the schooldoes not comply, in the case ofa private school, withsubsection (1) and, in the case

    of an accredited private school,with subsections (1) and (2),

    (b) if in the opinion of the Minister,the students at the school arenot achieving acceptableeducational progress, or

    (c) if the operator of the schoolpermits education programs orinstructional materials that donot comply with section 3 to beoffered or used in the school.

    (4) No person shall operate a school asa private school unless it isregistered under subsection (1).

    (5) If a person operates as a privateschool a school that is notregistered under subsection (1) or in

    respect of which the registration hasbeen cancelled or suspended, theMinister may by originating noticeapply to the Court of Queens Benchfor an order restraining that personfrom operating the school during thetime that

    (a) the school is not registered, or

    (b) the registration of the school issuspended or cancelled, as thecase may be.

    (6) The Minister may make regulations

    respecting private schools.

    Courses, programs, etc.

    39(1) The Minister may do the following:

    (a) prescribe courses of study oreducation programs, includingthe amount of instruction time;

    (b) authorize courses of study,education programs orinstructional materials for usein schools;

    (c) prescribe the minimum totalhours of instruction a boardshall make available to astudent in a school year;

    (d) approve any course, educationprogram or instructionalmaterial that may be submittedto the Minister by a board oranother operator of a schoolfor use in a school;

    (e) subject to the right of a board

    to provide religiousinstruction, by order prohibitthe use of a course, aneducation program orinstructional material inschools;

    (f) by order adopt or approvegoals and standardsapplicable to the provision ofeducation in Alberta.

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    (3) The Minister may make regulations

    (a) governing the evaluation andinspection of teachers;

    (b) respecting the granting ofcertificates and diplomas;

    (c) respecting the examinationand evaluation of individualsby the Minister, includingappeals, fees and thepayment of remuneration;

    Inspections

    43 (1) The Minister may authorize aperson to inspect and evaluateteachers, schools, the operations ofschool districts and divisions,

    education programs, instructionalmaterials or buildings used as aschool.

    (2) A person authorized to make aninspection and evaluation undersubsection (1) may include in thepersons inspection an examinationof the achievement of students andof the policies, procedures, booksand records of a school jurisdictionor a person operating a school.

    (3) A person authorized to make an

    inspection and evaluation undersubsection (1) may enter a buildingused as a school, other than adwelling house, or any part of thatbuilding for the purpose ofconducting the inspection andevaluation.

    Government Organization Act

    Section 13 of the GovernmentOrganization Act provides the authority toprovide funding to private schools under theSchool Grants Regulation A.R. 72/95),

    Amended AR206/2001.

    MINISTERIAL ORDERSThe Goals and Standards Applicable to theProvision of Basic Education in Alberta(Ministerial Order 004/98) and the QualityTeaching Standard (Ministerial Order016/97) must be referred to in conjunctionwith this policy.

    REGULATIONS

    The Private Schools Regulation A.R.190/2000, the Certification of TeachersRegulation AR 3/1999, the Practice Reviewof Teachers Regulation AR 4/1999 must bereferred to in conjunction with this policy.

    See Section 5, School Act Regulations, inthe Policy, Regulations and Forms Manual.

    DEFINITIONS:In this policy,a) private school means a school

    registered under section 28 of theSchool Act

    b) accredited private school means aprivate school that is accredited by theMinister under Section 28(2) of theSchool Act,

    c) funded private school means an

    accredited private school in accordancewith sections 8 through 19 of the PrivateSchools Regulation 190/2000and whichis eligible to receive a grant under theSchool Grants Regulation AR 72/95

    Amended AR206/2001.d) designated special education private

    school in this policy means a fundedprivate school that serves only studentswith special needs and which meets thecriteria outlined in the Funding Manualfor School Authorities.

    PROCEDURES

    1 Persons or groups seeking approval tooperate a private school must notify theMinister by completing an operationalplan (application) by May 31st for thenext school year and forwarding it to theappropriate Zone Services Branch, whoshall act on behalf of the Minister.Schools planning to continue theiroperation must complete and forward anannual operational plan to theirrespective Zone Services Branch by

    May 31.2 Upon approval of the application, the

    appropriate Zone Services Branch shallinform and confirm with the applicant:

    (1) the effective date of approval, and

    (2) the grades or levels operating withinthe school.

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    3 A funded private school shall regularlycomplete/update a Three-YearEducation Plan for its school communityby May 31

    stof each year In addition to

    this form, an Annual Education ResultsReport (AERR) must be developed byNovember 30th of each year thathighlights results achieved in the Plan.The Three-Year Education Plan and

    AERR are to be kept on file at itsauthority/school office. A Zone Servicesmanager will review these planning andreporting documents while conductingan on-site review of the private school.

    4 A funded private school authority shallforward an AERR Summary Form, byNovember 30, that includes selectedinformation about the outcomesachieved on the required provincial

    measures of Alberta LearningsBusiness Plan. Selected information forthis form is gleaned from the full AERRprepared by the private school authority.

    5 The Governance and Program DeliveryBranch in conjunction with ZoneServices Branches shall:

    (1) regularly monitor each privateschool;

    (2) regularly monitor each fundedprivate school on-site.

    (3) Monitor a private school on thebasis of the program approved forthat school and any other criteria asmay be prescribed by the Minister;

    (4) submit to the governing body orperson a summary offindings/recommendations andwhere appropriate a report preparedunder subsections (1) and/or (2)and, if not released by the governingbody, may make such a reportpublic after 60 days from the date oftabling;

    6 A private school requesting to changeits designation from registered toaccredited, or vice versa, shall file arequest with its respective ZoneServices Branch.

    7 A private school requesting anextension of its program from onedivisional/grade level to another shall filea request with its respective ZoneServices Branch.

    8 A private school adding a new site,making changes to its existing site or toits location shall;

    (1) immediately notify its respectiveZone Services Branch; and

    (2) comply with section 2(1)(i) of thePrivate Schools Regulationpertaining to compliance withmunicipal zoning bylaws andapplicable municipal and provincialpublic health, safety, fire andbuilding standards.,

    9 A teacher in a private school requiring arecommendation for teacher certificationmay apply to the Association ofIndependent Schools and Colleges in

    Alberta (AISCA). As the approvedsigning officer, AISCA may conduct

    teacher evaluations and forwardrecommendations to the Director,Teacher Development and CertificationBranch.

    10 When a private school does notcontinue to meet the requirements of theSchool Act and the Private SchoolsRegulation, Field Services shall notifythe operator of the private school andmay make recommendations to resolveany problems. Failure to comply withsuch recommendations may result incancellation or suspension of the

    registration or accreditation undersection 28(3) of the School Act.

    11. The status of the Designated SpecialEducation Private School shall beapproved annually by the Director of theSpecial Programs Branch.

    12 A private school that wishes totemporarily suspend operations to amaximum of one year shall inform itsrespective Zone Services Branch inwriting. Registration may resumeprovided conditions pertinent to the

    initial registration are in effect.

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    13 When a private school voluntarilyceases to operate, the operator shallnotify its respective Zone ServicesBranch. If written notice of the schoolsceasing to operate is not received fromthe operator, the respective ZoneServices Branch, upon suspecting theschool is closed, shall requestclarification by registered mail. If a replyis not received within 30 days, theschool shall be deemed to be closed.

    REFERENCES

    Please refer to the current editions of thefollowing for additional information:

    Advisory Manual on ECS for theIncorporated Non-Profit Society or PrivateSchool

    An Integrated Framework to Enhance theQuality of Teaching in Alberta, 1996

    Certification of Teachers RegulationAR 3/1999

    Funding Manual for School Authorities

    Guide to Education: ECS to Grade 12

    Individualized Program Plans

    Practice Review of Teachers Regulation4/1999

    Private Schools Reference Manual

    Private Schools Regulation 190/2000

    School Authority Accountability Policy 2.2.1

    Setting a New Framework: Report andRecommendations of the Private SchoolsFunding Task Force, February 1998

    Student Evaluation Policy 2.1.2

    Student Evaluation Regulation AR 169/1998

    Student Health Partnership Service PlanGuidelines

    Student Information System (SIS) UserGuide

    Student Record Regulation AR 71/1999

    Teacher Growth, Supervision andEvaluation Policy 2.1.5

    Use and Reporting of Results on ProvincialAssessments Policy 2.1.3

    Standards for Special Education

    See Section 7 of the Policy, Regulations andForms Manualfor information on where theabove document(s) may be obtained, andfor Department/Branch addresses andphone and fax numbers.

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    Appendix C

    Private School Regulation 190/2000Filed as a Regulation on September 6, 2000

    SCHOOL ACT

    ALBERTA REGULATION 190/2000

    PRIVATE SCHOOLS REGULATION

    Table of Contents

    Definitions 1

    Registered Private Schools

    Application for registration Right to continue to operate 3Duty to inform parent 4

    Accredited Private Schools

    Application for accreditation Right to hire non-certificated teachers 6Policies 7

    Funded Private Schools

    Application for grant Waiting period before receiving grant 9Required programs 10Parent advisory council 11Principal 12School closure 13Officers and auditor 14Financial statements and budget 15Insurance Policy 16Fidelity bond 17Education plan and annual education

    results report 18Responsibility where student is expelled 19

    General Matters

    Student records 20Discipline, suspension and expulsion 21Provision and disclosure of information 22Repeal 23Expiry 24

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    Definitions

    1 In this Regulation,(a) "accredited private school" means a registered private school that has satisfied the

    requirements of section 28(2) of the Act;

    (b) "Act" means the School Act;

    (c) "Alberta Programs of Study" means the courses of study or education programsprescribed, authorized or approved by the Minister under section 39(1)(a), (b) and (d)of the Act;

    (d) "fiscal year" means the 12-month period beginning on September 1 and ending on thefollowing August 31;

    (e) "funded private school" means an accredited private school that receives a grantunder the School Grants Regulations (AR 72/95);

    (f) "registered private school" means a school that is registered as a private school under

    section 28(1) of the Act.

    Registered Private Schools

    Application for registration

    2(1) An application for registration as a registered private school must be submitted to theMinister and must include

    (a) the name of the persons or organization owning the school,

    (b) the name and mailing addressof the school,(c) the location of the schoolif the location is not apparent from the mailing address,(d) the names of the operators of the school, if different from the persons or organization

    referred to in clause (a),

    (e) if the operator of the school is a corporation, the names of the officers of thecorporation,

    (f) the qualifications of the proposed members of the instructional staff,

    (g) the proposed programs of study and, if different from the Alberta Programs of Study, a

    list of subjects proposed to be offered and an outline of the major skills and knowledgeareas to be learned by students, which must be consistent with the requirements ofsection 2(1) and (3) of Ministerial Order No. 004/98, Goals and Standards Applicableto the Provision of Basic Education in Alberta, made under section 39(1)(f) of the Act,

    (h) a description of the provincial achievement tests to be used or any alternativeassessments acceptable to the Minister to be used which, in the case of evaluatingachievement in grades 3, 6 and 9, must consist of standards that are similar to thestandards contained in provincial achievement tests for those grades,

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    (i) where applicable, proof that the building to be used by the school complies withmunicipal zoning bylaws and applicable municipal and provincial public health, safety,fire and building standards, and

    (j) any additional information required by the Minister relating to the operation of theschool.

    (2) If there are changes to the information referred to in subsection (1) after the application issubmitted to the Minister, the changes must be submitted to the Minister forthwith.

    Right to continue to operate

    3(1) The operator of a registered private school who intends to operate the school beyond thefirst year must submit to the Minister an operating plan, in the form prescribed by the Minister,that includes

    (a) the number of students estimated to be enrolled in the school on September 30 of theschool year for which the plan is to have effect, and

    (b) any changes to the information submitted under section 2(1).

    (2) An operating plan must be submitted annually not later than May 31 preceding the schoolyear for which the plan is to have effect.

    (3) An operator of more than one registered private school may submit one operating plan thatrelates to all of those schools.

    Duty to inform parent

    4 The operator of a registered private school that is not an accredited private school mustinform the parent of a prospective student, in writing,

    (a) that a student who attends the school may not necessarily be placed at the same

    grade level if the student registers in another school,(b) that the school cannot grant credit for senior high school courses taken at that school,(c) of the general liability insurance coverage held by the operator in the event of accident

    or death, and(d) of the qualifications of the members of the instructional staff.

    Accredited Private Schools

    Application for accreditation

    5(1) The operator of a registered private school may apply to have the school accredited as an

    accredited private school.

    (2) An application under subsection (1) must be submitted to the Minister and must include

    (a) the information listed in section 2(1), and

    (b) proof satisfactory to the Minister that the school meets the requirements of section28(2)(b) of the Act.

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    Right to hire non-certificated teachers

    6 The operator of an accredited private school may employ a competent individual to teach alanguage, culture or religion in the school under the supervision of a teacher who holds acertificate of qualification as a teacher issued under the Act.

    Policies

    7 The operator of an accredited private school must develop and maintain policies regardingthe evaluation of students and teachers that are consistent with the policies of the Minister.

    Funded Private Schools

    Application for grant

    8 The operator of an accredited private school may apply to the Minister for a grant under theSchool Grants Regulation (AR 72/95).

    Waiting period before receiving grant

    9(1) An accredited private school must operate for at least one school year before it is eligible toreceive a grant under the School Grants Regulation (AR 72/95).

    (2) The Minister may waive the requirement in subsection (1).

    Required programs

    10(1) The operator of a funded private school must

    (a) provide the Alberta Programs of Study in accordance with section 39(1)(a), (b), (c) and(d) of the Act,

    (b) ensure that students enrolled in the school have sufficient opportunity to achieve, toan acceptable level, the provincial learning outcomes as defined in Ministerial OrderNo. 004/98, Goals and Standards Applicable to the Provision of Basic Education in

    Alberta, made under section 39(1)(f) of the Act,

    (c) use the provincial achievement tests and diploma examinations, and

    (d) ensure that students enrolled in the school meet the provincial graduationrequirements.

    (2) The operator of a private school that was a funded private school immediately before thecoming into force of this Regulation must comply with subsection (1) on or before

    September 1, 2001.

    Parent advisory council

    11(1) The operator of a funded private school must establish a parent advisory council if theparents of students enrolled in the school do not constitute a majority of the members of theoperating board of the school.

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    (2) In this section, "parent advisory council", in respect of a funded private school, means agroup of parents of students enrolled in the school who provide advice to the principal of theschool and the operating board of the school respecting any matter relating to the school.

    Principal

    12(1) The operator of a funded private school must designate a person to act as the principal ofthe school.

    (2) A person who does not hold a teaching certificate issued under the Certification ofTeachers Regulation (AR 3/99) is not eligible to be designated under subsection (1).

    School Closure

    13 If the operator of a funded private school intends to close the school, the operator mustprovide 30 days advance written notice to the parents of each student enrolled in the school andto the Minister.

    Officers and auditor

    14 The operator of a funded private school must

    (a) appoint a secretary and a treasurer, or one person to act as the secretary-treasurer ofthe school, who is neither the chair nor the president of the operating board of theschool, and

    (b) appoint a person who is registered and qualified to perform an audit pursuant to theChartered Accountants Act, the Certified Management Accountants Act or theCertified General Accountants Actto act as the auditor for the school, and must reporttheir names and addresses to the Minister.

    Financial statements and budget

    15(1) The operator of a funded private school must submit to the Minister annually on or beforeNovember 30, in the form prescribed by the Minister,

    (a) the original and one copy of the financial statements for the schools fiscal year endingon the August 31 preceding that date, signed by the chair of the operating board of theschool and by the treasurer or secretary-treasurer appointed under section 14(a), and

    (b) an auditors report.

    (2) The operator of a funded private school must submit to the Minister annually on or beforeMay 31, in the form prescribed by the Minister, the budget for the schools fiscal year starting onthe September 1 following that date.

    (3) An operator of more that one funded private school may, with the prior approval of theMinister, submit to the Minister

    (a) financial statements under subsection (1) that relate to all of those schools, and

    (b) a budget under subsection (2) that relates to all of those schools.

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    Insurance policy

    16(1) The operator of a funded private school must keep in force, and provide the Minister onrequest with evidence of the existence of, a general liability insurance policy or other form ofindemnification in an amount that is not less than $2 million for each occurrence of loss ordamage resulting from bodily injury to or the death of one or more persons, and for loss ordamage to property, regardless of the number of claims arising from any one occurrence.

    (2) The policy or other form of indemnification referred to in subsection (1) must providecoverage to a funded private school for all claims arising from

    (a) a liability imposed by law on the operator of the school, and

    (b) a liability assumed under any agreement entered into by the operator of the school.

    (3) The operator of a funded private school must ensure that in the policy or other form ofindemnification referred to in subsection (1), the word "insured" is defined to include

    (a) the name insured, and

    (b) any employee, member of the operating board, agent or other person, whetherreceiving compensation or not, when acting within the scope of that persons duties forthe named insured.

    Fidelity bond

    17 The operator of a funded private school must maintain a fidelity bond in an amountacceptable to the Minister that covers the operator and other employees of the school whilecarrying out duties relating to any money or security belonging to or held by the school.

    Education plan and annual education results report

    18(1) The operator of a funded private school

    (a) must develop, implement and maintain policies regarding the schools 3-yeareducation plan and its annual education results report that are consistent with thepolicies of the Minister, and

    (b) must prepare the 3-year education plan and annual education results report in theform prescribed by the Minister.

    (2) Subsection (1) does not apply where the funded private school offers only heritagelanguage programs or cultural programs, or both.

    Responsibility where student is expelled

    19 Where a student is expelled from a funded private school, the operator of the school

    (a) continues to be responsible for the students education program for the remainder ofthe school year, and

    (b) must ensure that the student has access to an education program for the remainder ofthe school year.

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    General Matters

    Student records

    20(1) Only sections 1, 2(1)(a) and (c) to (i), 5(1) and 6 of the Student Record Regulation (AR71/99) apply to registered private schools.

    (2) The Student Record Regulation (AR 71/99) applies to accredited private schools except forthe following sections:

    (a) sections 2(1)(s);

    (b) section 5(2)(a), (4) and (5);

    (c) section 7.

    (3) On closing a private school, the operator must forward the student record for each studentenrolled in the school

    (a) to the school to which the student transfers, or

    (b) if the school to which to student transfers is unknown, to the Minister.

    Discipline, suspension and expulsion

    21 The operator of each private school must

    (a) make rules for the discipline of students and for the suspension and expulsion ofstudents that incorporate the principles of fundamental justice, and

    (c) provide copies of the rules to the students enrolled in the school and their parents.

    Provision and disclosure of information

    28(1) The operator of each private school must provide to the Minister any information relating tothe school that the Minister requests in writing.

    (2) The Minister may publish or otherwise disclose any information the Minister receives undersubsection (1).

    Repeal

    23 The Private Schools Regulation (AR 39/89) is repealed.

    Expiry

    24 For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy andnecessity, with the option that it may be repassed in its present or an amended form following areview, this Regulation expires on March 31, 2005.

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    Appendix D

    Student Record Regulation, 71/99Filed as a Regulation on March 17, 1999

    Accredited Private Schools all section apply except those boxed

    Registered Private Schools only sections identified with an R apply

    SCHOOL ACT

    ALBERTA REGULATION 71/99

    STUDENT RECORD REGULATION

    Table of Contents

    Definition 1Student record 2Retention of student record 3Disposal and destruction of student record 4

    Access to student record Student transfer 6Compliance 7Repeal 8Expiry 9

    The regulations contained in this Manual have been consolidated to include all amendments.Users of these consolidated regulations are reminded that they have no legislative authority andhave been included for convenience of reference only. The original Orders in Council andMinisterial Orders as they appear in the Alberta Gazette Part II must be consulted for all purposesof interpreting and applying the law.

    Definition

    1 In this Regulation, "Act" means the School Act.

    Student record

    2(1) The student record of a student must contain all information affecting the decisions madeabout the education of the student that is collected or maintained by a board, regardless ofthe manner in which it is maintained or stored, including

    R

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    (a) the student's name as registered under the Vital Statistics Actor, if the student wasborn in a jurisdiction outside Alberta, the student's name as registered in that

    jurisdiction, and any other surnames by which the student is known,

    (b) the student identification number assigned to the student by the Minister and anystudent identification number assigned to the student by a board,

    (c) the name of the student's parent,

    (d) a copy of any separation agreement or court order referred to in section 23(2)(c) of theAct,

    (e) the birth date of the student,

    (f) the sex of the student,

    (g) the addresses and telephone numbers of the student and of the students parent,

    (h) the board of which the student is a resident student,

    (i) the citizenship of the student and, if the student is not a Canadian citizen, the type ofvisa or other document pursuant to which the student is lawfully admitted to Canadafor permanent or temporary residence, and the expiry date of that visa or otherdocument,

    (j) the names of all schools attended by the student in Alberta and the dates ofenrolment, if known,

    (k) an annual summary or a summary at the end of each semester of the student'sachievement or progress in the courses and programs in which the student is enrolled,

    (l) the results obtained by the student on any

    (i) diagnostic test, achievement test and diploma examination conducted by or onbehalf of the Province, and

    (ii) standardized tests under any testing program administered by the board to all ora large portion of the students or to a specific grade level of students,

    (m) the results of any application under the Student Evaluation Regulation (AR 169/98) forspecial provisions or directives,

    (n) either

    (i) the name of any formal intellectual, behavioural or emotional assessment orevaluation administered individually to the student by a board, a summary of the

    results of the assessment or evaluation, the date of the assessment or evaluationand the name of the person who administered the assessment or evaluation, or

    (ii) any interpretive report relating to the student and any action taken as programplanning as a result of the assessment, evaluation or interpretive report,

    (o) any assessment or evaluation referred to in clause (n)(i) or any interpretive reportreferred to in clause (n)(ii) that the parent of the student or the student wishes to beplaced on the student record,

    R

    R

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    (p) any health information that the parent of the student or the student wishes to beplaced on the student record,

    (q) an annual summary of the students school attendance,

    (r) information about any suspension or expulsion relating to the student or the studentsrights pursuant to the Act, which must be retained on the student record

    (i) for one year following the date of the suspension or expulsion, or

    (ii) until June 30 of the year following the year in which the suspension or expulsionoccurred,

    whichever occurs last, and

    (s) if the parent o